They now want the Football Association to agree to an arbitration hearing under Rule K - in which an independent body sits in judgement on disputes - by Friday.

If they do not get one, they will go to the High Court seeking an injunction to block Carroll’s dismissal pending a personal hearing.

It woud free up Carroll to play in the crunch relegation battles against Aston Villa on Saturday and Norwich next Tuesday.

The unprecedented action from the Hammers, who have enlisted top QC Lord David Pannick, has huge wider ramifications.

All clubs have signed up to an FA agreement that the decision of an independent panel in relation to wrongful dismissal claims is final and not subject to appeal.

Pannick, however, has queried the FA’s claim that there has to be an “obvious error” for the dismissal to be overturned.

Their statement on Tuesday said: “As stated in the Rules and Regulations of The FA, an Independent Regulatory Commission must apply the test of whether the decision to dismiss a player was ‘an obvious error.’”

The Hammers maintain they cannot see such wording in the rules and have asked the FA to clarify just where this is stated.

Although the wording is not included in the regulations handbook, it is included in policy documents that all clubs have received, are aware of and have signed up to.

Meanwhile, Chico Flores - the Swansea defender fouled by Carroll on Saturday - took to Twitter on Wednesday evening to respond to those critical of his involvement in the incident, and what they feel was an exaggerated response to the striker's arm hitting his head.

He posted: "I'm a bit tired of the strong insults from the west Ham fans. Whoever doesn't see the aggression in that action is blind.

"They should be more preoccupied with the ugly way their team play football: always making very long passes and never quick short passing.

"They should be worried about that before caring about such evident things."